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THE CORPORATION OF THE
TOWN OF NIAGARA-ON-THE-LAKE
BY-LAW NO. 2025-007
A BY-LAW OF THE CORPORATION OF THE TOWN OF
NIAGARA-ON-THE-LAKE RESPECTING ANIMAL CARE
AND CONTROL
WHEREAS section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended authorizes a lower tier municipality to pass by-laws respecting
animals;
AND WHEREAS section 8(3) (c) of the said Municipal Act, 2001, S.O. 2001,
c.25, authorizes a municipality to provide for a system of licences for a by-law
passed under section 11(3);
AND WHEREAS section 103 of the said Municipal Act, 2001, 2001, S.O.
2001, c.25, authorizes a municipality to provide for the seizure and
impoundment of animals found at large or trespassing contrary to the by-law
and for the sale of such impounded animals;
AND WHEREAS section 105 of the said Municipal Act, 2001, 2001, S.O.
2001, c.25, requires a municipality to hold a hearing upon the request of a
dog owner where the dog is required to be muzzled under a by-law;
AND WHEREAS section 128 of the said Municipal Act, 2001, 2001, S.O.
2001, c.25, authorizes a municipality to prohibit and regulate with respect to
public nuisances;
AND WHEREAS section 391 of the said Municipal Act, 2001, 2001, S.O.
2001, c.25, enables a municipality to pass a by-law imposing fees or charges
for services or activities provided or done by or on behalf of it;
AND WHEREAS The Council of the Corporation of the Town of Niagara-on-
the-Lake deems it necessary and in the public interest to licence dogs, to
regulate and control animals in the municipality and to regulate the care and
keeping of animals pursuant to its authority to do so under the Municipal Act,
2001.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF NIAGARA-ON-THE-LAKE ENACTS AS FOLLOWS:
PART I - DEFINITIONS
1.
In this By-law:
(a)
"Animal" means any member of the Animal kingdom other than
a human and "Animals" shall have a corresponding meaning;
(b)
"Attack" means
(i) physical contact, other than accidental contact, by an
Animal that results in bleeding, bone breakage, bruising,
a scratch or a sprain to a Person or an Animal or
damage to clothing worn by a Person, and the words
"Attacked" or "Attacking" shall have a corresponding
meaning;
(ii) aggressive behaviour which includes growling,
snarling, lunging, biting or chasing any Person or
domestic Animal;
(c)
"Bark" or "Howl Excessively" means barking, howling and/or
making other loud noises for more than 30 minutes between the
hours of 8:00 a.m. and 8:00 p.m. or for more than 20 minutes
after 8:00 p.m. and before 8:00 a.m.
(d)
"Bite" means a wound or wounds to the skin that causes it to
puncture or break, which are caused by the teeth of an Animal;
(e)
"Cat" means a female or a male feline of the species Felis
catus;
(f)
"Council" means the Council of the Corporation of the Town of
Niagara-on-the-Lake;
(g)
"Dangerous Dog" means any dog that, in the absence of a
mitigating factor, has demonstrated the propensity to act in a
menacing or aggressive fashion or displayed an apparent
attack towards any Person or an Owner's Animal or has bitten,
attacked or caused injury to any Person or an Owners' Animal;
(h)
"Distress" means the state of being in need of proper care,
water, food or shelter or being injured, sick or in pain, suffering,
or being abused or subject to undue or unnecessary hardship,
privation or neglect.
(i)
"Dog" means a male or female canine of the species Canis
familiaris;
(j)
"Dwelling Unit" means a building, structure, room or rooms
occupied or intended for use for human habitation in which
sanitary, cooking, living and sleeping facilities exist and
"Dwelling" shall have the same meaning;
(k)
"Hearing Officer" means a person(s) appointed by Council,
pursuant to this By-law, who's duty is to hear and decide upon
appeals submitted in accordance with this By-law.
(l)
"Keep" means to have temporary or permanent control or
possession of an Animal, and "Kept" or "Keeping" have a
corresponding meaning;
(m)
"Kennel" means any premises, cages or pens, excluding Animal
clinics, grooming establishments and Pet Shops where four (4)
or more Dogs are lodged, treated, bred, kept or boarded.
(n)
"Leash" means a restraint consisting of a rope, light chain, or
other material held by a Person and used to restrain an Animal;
(o)
"Leash Free Zone" means a designated area of a Town Park
which has been designated for residents to socialize and
exercise their dogs off-leash without being in contravention of
running at large provisions of municipal by-laws.
(p)
"Livestock" means any farmed Animal, including, but not limited
to, poultry, cattle, swine, horses, mink or other furbearing
Animals, rabbits, sheep, goats and other types of Animals listed
by the Guide to Agricultural Land Use, Minimum Distance
Separation I and/or Minimum Distance Separation II.
(q)
"Motor Vehicle" means a Motor Vehicle as defined in the
Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
(r)
"Mitigating Factor" means a circumstance that may excuse
aggressive behaviour of an Animal and, without limiting the
generality of the foregoing, may include circumstances where:
(i) the Animal was, at the time of the aggressive behaviour,
acting in defense of an attack by a person or aggressive animal;
or
(ii) the Animal was, at the time of the aggressive behaviour,
acting in defense of its young or reacting to a person or
domestic animal trespassing without permission or colour of
right on the property of its Owner;
(iii) the Animal was, at the time of the aggressive behaviour,
being teased, provoked or tormented;
(s)
"Muzzle" means a humane fastening or covering device of
adequate strength placed over the mouth of an Animal to
prevent it from biting a Person or Animal, and "Muzzled" and
"Muzzling" have a corresponding meaning;
(t)
"Muzzle Order" means an order issued to an Owner concerning
his, her or its dangerous Animal.
(u)
"Officer" means any Person authorized by the Corporation of
the Town of Niagara-on-the-Lake to enforce the provisions of
this By-law and all Canine Control Officers and Animal Control
Officers employed by the Greater Humane Society of Niagara,
including inspectors designated as such under the Provincial
Animal Welfare Services (PAWS) Act, and all other
enforcement officers as may be appointed by the Government
of Canada, the Province of Ontario, the Region of Niagara and
the Town;
(v)
"Owner" means any Person who possesses, harbours or Keeps
an Animal, and where the owner is a minor, the Person
responsible for the custody of the minor, and includes a Person
who is temporarily the Keeper or in control of the Animal, and
"Owns" has a corresponding meaning;
(w)
"Person" means an individual, corporation, partnership,
association, or any other non-incorporated entity, including the
Owner or operator of a Kennel.;
(x)
"Pet Shop" means a shop or place where Animals are sold or
kept for sale for use as pets;
(y)
"Pound" shall have the meaning assigned to it in Animals for
Research Act, R.S.O. 1990, C.A 22, as amended. The local
Pound is the Humane Society of Greater Niagara;
(z)
"Premises" includes lands, buildings or structures or any parts
thereof;
(aa)
"Prohibited Animals" means those Animals identified in
Schedule "A";
(bb)
"Service Animal" means an Animal trained by a recognized
school for service as a guide Animal for the blind or visually-
impaired, a guide Animal for the deaf or hearing-impaired, or a
special skills Animal for other disabled Persons;
(cc)
"Shelter" means an enclosure that; is structurally sound; is
weather-proof; is insulated; is raised above the surface of the
earth; does not have an entrance that faces the prevailing wind;
is of dimensions sufficient to protect the full body of the Animal
for whose use it is intended, from the elements, including the
sun; and is large enough so that the Animal for whose use it is
intended is able to fully stand up, sit down, turn around and lay
down with its limbs fully extended.
(dd)
"Sterilized" in respect of an Animal means either spayed or
neutered and "Sterilization" has a corresponding meaning;
(ee)
"Tether" means a rope, chain or any restraining device attached
to an inanimate object that prevents an Animal from moving
away from a localized area and "Tethered" and "Tethering"
have a corresponding meaning;
(ff)
"Town" means the Corporation of the Town of Niagara-on-the-
Lake or the geographic area of the Town of Niagara-on-the-
Lake as context requires, and shall include all employees,
agents and contractors;
(gg)
"Wild Animal" means an untamed or undomesticated Animal
indigenous to North America, wild by nature or disposition
(farea natural), but does not include the Domestic Ferret;
(hh)
"Without Provocation", when used in reference to a Bite or
Attack on a Person or Animal, means in the absence of any
abuse, assault, teasing, tormenting or unwanted physical
contact by the Person or Animal who sustained the Bite or
Attack.
PART II - CARE OF ANIMALS
2.
Every Person who Keeps an Animal within the Town shall at all times
provide the Animal, or cause it to be provided with:
a) a clean and sanitary environment free from the accumulation of
waste matter;
b) adequate and appropriate:
i.
care;
ii.
food;
iii.
unfrozen, fresh and clean water;
iv.
protection from the elements including the sun;
v.
and veterinary medical care when the animal exhibits
signs of pain, illness or suffering; and
c) the opportunity for physical activity sufficient to maintain good
health.
3.
Every Person who Keeps an Animal that normally resides out doors,
or that is Kept out doors, unsupervised for in excess of eight (8) hours,
shall, in addition to complying with the requirements set out in
Sections 2 and 4 of this By-law, ensure that the Animal is provided
with and has complete and unrestricted access to the following:
a) a Shelter;
b) an area separate and apart from the Shelter for the Animal to
use for defecation and urination;
c) an area separate from the Shelter that provides the Animal with
shade and protection from direct sunlight at any time of the day;
and;
d) an area that is dry and free from standing water.
TETHERS
4.
No Person shall Keep an Animal Tethered unless:
(a)
the Tether is a minimum of four (4) metres in length;
(b)
the Animal has unrestricted and unobstructed movement within
the range of the Tether;
(c)
the Animal has access to food, water and protection from the
elements, including the sun;
(d)
the Tether is securely attached to a flat collar or other humane
harnessing device and not to a choke collar, choke chain or
pronged collar; and
(e)
the Animal is Tethered in a way that it will not injure itself.
5.
No Person shall Tether an Animal in such a way as to permit the
Animal to go beyond the limits of the Person's Premises, or the
Premises of another Person from whom the owner of the Animal has
received prior consent from the Owner of that Premise.
6.
No Person shall Tether an Animal by tying or affixing a rope, cord,
chain or any other restraining device directly around the Animal's
neck. The Tether must be attached to a properly fitting collar or
harness worn by the Animal with enough room between the collar or
harness and the Animal's throat through which two (2) fingers may fit
and must not negatively effect breathing. Choke collars and pinch
collars are prohibited for purposes of Tethering an Animal. Nothing in
this Section shall be construed to prohibit an Owner from walking an
Animal with a choke collar or pinch collar.
SANITARY CONDITIONS
7.
Every Person who Keeps an Animal within the Town shall Keep the
Animal, or cause the Animal to be Kept, on Premises that are free
from the accumulation of fecal or other waste matter, foul odour, insect
infestation, rodent attractants or any other unsanitary condition that
disturbs or is likely to disturb the enjoyment, comfort or convenience of
any Person or Animal, or that may endanger the health of any Person
or Animal.
8.
Section 7 of this By-Law shall not be interpreted so as to prohibit a
Person who is a bona fide farmer engaged in a normal farming
practice pursuant to the Farming and Food Production Protection Act,
1998, S.O. 1998, c. 1, as amended and other applicable law.
PART III - DOGS
REGISTRATION
9.
Every owner of a Dog in the Town shall:
a) Register the Dog with the Town and pay an annual Dog
registration fee as set out in the Town's Annual User Fees;
b) in order to qualify for a discounted annual registration fee for a
Sterilized Dog as set out in the Town's Annual User Fees,
provide annually at the time of registration, proof of sterilization
from a qualified veterinarian;
c) renew the registration annually;
d) ensure that the Dog identification tag, issued as part of the
registration, is displayed on the Dog's collar, and that said collar
is affixed to the Dog at all times;
e) obtain a replacement identification tag by paying the fee as set
out in the Town's Annual User Fees, in the event that such tag
is lost, damaged or destroyed; and
10.
Where an Owner of a Dog acquires a Dog or moves into the Town
with a Dog, the Dog shall be registered with the Town within fourteen
(14) days.
11.
In order to register a Dog, the Owner of the Dog shall do so using the
online platform utilized by the Town with the following information:
(a)
name, address and telephone number of the Dog Owner;
(b)
name, age, gender, breed, and colour of the Dog; and
(c)
proof of sterilization from a qualified veterinarian, if available.
12.
The Owner of a Dog shall notify the Town within seven (7) days of the
sale or death of a Dog registered with the Town, or of any change in
the Owner's name, address or telephone number.
13.
The Town shall provide the registrant with an identification tag for each
Dog registered in accordance with this By-law.
14.
No Person shall use an identification tag for any Dog other than the
Dog for which such identification tag was issued.
15.
No Person shall provide the Town with any false information in respect
of the registration, or renewal of a registration, of a Dog.
DOG KENNELS
16.
No Person shall construct, establish, maintain or operate a Kennel in
the Town unless:
a) the Kennel is constructed, established, maintained and
operated in compliance with the provisions of this By-law, any
other applicable municipal by-law and any applicable Act or
Regulation including, without restricting the generality of the
foregoing, the Town's Zoning By-law No. 4316-09, as amended,
and any successor thereto, the Health Protection and
Promotion Act and Regulations, the Ontario Building Code Act
and Regulations, the Fire Prevention and Protection Act and
Regulations and any other applicable law;
b) the Kennel and its surrounding environs is so constructed,
established, maintained and operated in a way that prevents
escape by any Dog from the Kennel;
c) in every year, the Owner or operator of the Kennel registers the
Kennel with the Town and pays the annual Kennel registration
fee as set out in the Town's Annual User Fees;
d) the Owner or operator of the Kennel renews the Kennel
registration annually before January 1st of each year;
e) the Owner or operator of the Kennel ensures that any Dog
identification tag, issued as part of the Kennel registration, is
displayed on the Dog's collar, and that such collar is affixed to
the Dog at all times;
f) in the event that such a Dog identification tag issued as part of
the Kennel registration is lost, damaged or destroyed, the
Owner or operator of the Kennel obtains a replacement
identification tag by paying the fee as set out in the Town's
Annual User Fees; and
g) in the event the Kennel is registered on or after January 1st of
any given year, the Owner or operator of the Kennel pays a late
Kennel registration surcharge.
17.
Where an Owner or operator of a Kennel constructs or establishes a
Kennel after the 30th day of June of any year, at the time of registration
the Owner or operator shall pay one-half of the applicable annual
registration fee as set out in the Town's Annual User Fees;
18.
In order to register a Kennel, the Owner or operator of the Kennel shall
provide the Town with the following information:
(a)
the name, address and telephone number of the Kennel Owner;
(b)
the name, address and telephone number of the Kennel
operator;
(c)
the name, age, gender, breed, color and sterilization status of
all Dogs kept at the Kennel; and
(d)
the Canadian Kennel Club registration number.
19.
Any Person who lawfully owns or operates a Kennel on the date of the
passing of this By-law shall have until July 1st or January 1st,
whichever occurs first, to register same with the Town and describe in
detail the Dogs and shall be permitted to continue to own or operate
the Kennel.
20.
Every Owner or operator of a Kennel shall, upon request by an Officer,
permit the Officer to inspect at any reasonable time the Premises for
the purpose of determining compliance with this By-law.
21.
Any Kennel registration may be refused, suspended pending
compliance, or revoked for non-compliance if the Kennel does not
comply with the provisions of this By-law.
LEASHING AND RUNNING AT LARGE
22.
For the purposes of this By-law, a Dog shall be deemed to be running
at large if it is found in any place other than on the Premises of its
Owner while not on a Leash held by any Person and not under the
control of any Person.
23.
No Owner of a Dog shall permit the Dog to run at large in the Town.
Leashing and Running At large sections of this By-law shall not apply
and a Dog shall not be considered to be at large for Owners with loose
Dogs in any designated Leash Free Zone within the Town.
24.
No Owner of a Dog shall use a Leash on the Dog that exceeds three
(3) metres in length, but in no case shall an Owner use a Leash of a
length that does not enable him or her to properly control the Dog.
25.
Every Owner of a Dog shall, while the Dog is not on the Owner's
Premises or the Premises of another consenting Person, control the
Dog by means of a Leash that is held or affixed to their Person or
another competent Person.
26.
A Dog shall not be deemed to be controlled by a Leash if the Leash is
attached to an inanimate or immovable object, a Motor Vehicle or a
bicycle.
27.
No Person shall use a collar on a Dog that restricts, or may restrict,
the Dog's ability to breathe or swallow, or that causes, or may cause,
the Dog discomfort.
28.
Sections 22 to 27 of this By-law shall not apply to:
(a)
police working Dogs while they are in the course of fulfilling
their duties; and
(b)
hunting Dogs that are under the direct supervision of a Person
who is a bona fide hunter actively engaged in hunting in
accordance with the Fish and Wildlife Conservation Act, 1997,
S.O. 1997, c. 41, as amended, and other applicable law during
a permitted season to whom has been issued such necessary
licences and permits as may be required by the laws of the
Dominion of Canada, the Province of Ontario and the Town and
provided that such Person has obtained the prior consent of the
Owner of the parcel of land on which the hunting Dogs are at
large, which consent is obtained not more than one year prior to
the date of the occasion on which the Dogs are at large.
IMPOUNDING OF DOGS
29.
An Officer may seize any Dog that is found running at large in the
Town and may cause such Dog to be delivered to the Pound. If it is
the initial seizure of the Dog and the Dog is known by the Officer, the
Dog may be returned to the Owner. If the Dog is registered, with a
valid license, with the Town the initial return to the Owner will be at no
charge. If the Dog is not registered then the Owner must purchase a
license
30.
Any Person may seize any Dog that is found running at large in the
Town and shall immediately thereafter cause such Dog to be delivered
to the Pound or, if known, returned to its Owner.
31.
A Dog seized pursuant to sections 29 or 30 of this By-law shall be
considered impounded at the time and place when it comes under the
control of the Officer or, in any other case, when delivered to the
Pound.
32.
Upon seizing or taking possession of any Dog, the Pound shall
impound the Dog and make reasonable efforts to determine the
identity of the Owner of the Dog and inform such Person that his or her
Dog has been impounded.
33.
The Pound shall Keep any Dog impounded pursuant to this By-law for
a redemption period of three (3) days. This redemption period shall be
calculated by excluding:
(a)
the day on which the Dog was impounded;
(b)
statutory holidays; and
(c)
days on which the Pound is closed.
34.
During the redemption period, the Pound:
(a)
may provide such veterinary or other care for an injured or ill
impounded Dog as may be necessary to sustain its life or
relieve any distress;
(b)
shall be entitled to recover from the Owner of the Dog, the cost
of any veterinary or other care provided while the Dog was
impounded; and
(c)
shall be entitled to recover from the Owner of the Dog, any
Pound fees, impound fees or administrative fees for the
redemption of the Dog.
35.
During the redemption period, the Pound may euthanize an
impounded Dog without delay if, in the opinion of the Pound, such
action is warranted for humane reasons.
36.
During the redemption period, the Owner of an impounded Dog may
obtain release of such Dog by first:
(a)
providing evidence to the Pound that the Dog is
registered in accordance with the requirements of this
By-law or if the Dog is not registered, by registering the
Dog with the Town in accordance with this By-law;
(b)
paying the costs and fees provided for in section 34 of
this By-law; and
(c)
taking any other action in relation to the care or control of
the Dog that the Town or Pound may direct.
37.
After the expiration of the redemption period, the Pound may:
(a)
release the Dog to its Owner upon compliance with section 36
of this By-law; or
(b)
keep, sell or dispose of the Dog in accordance with the
provisions of the Animals for Research Act, R.S.O. 1990, c.
A.22, as amended.
38.
Whenever an impounded Dog is released to its Owner, a record of
such release shall be kept by the Pound and a copy of said record
shall be submitted to the Town.
DOG BITES & MUZZLING OF DOGS
39.
No Owner of a Dog shall wilfully cause the Dog, or permit the Dog
through neglect or failure to control, to, Without Provocation, Bite,
Attack or Chase a Person or another Animal, or to damage public or
private property.
40.
No Owner shall Muzzle a Dog in any manner that restricts or may
restrict the Dog's breathing, its ability to drink water or in any manner
that causes the Dog pain, suffering or injury.
41.
Where an Officer becomes aware, either through his own investigation
or as a result of information received by him from any source, that a
Dog has bitten or attacked a Person or Animal Without Provocation,
the Officer may, by written notice served upon the Owner, require the
Owner to comply with the requirements set out in sections 42 and 43
of this By-law within the time stipulated in said notice, and the Dog
shall thereafter be deemed to be a dangerous Dog.
42.
Every Owner of a dangerous Dog shall, at all times while the
dangerous Dog is not in the Owner's Dwelling Unit, but is otherwise
within the boundaries of the Owner's Premises, ensure that the
dangerous Dog wears a Muzzle in accordance with section 40 of this
By-law and ensure that:
(a)
the Dog is securely Tethered in accordance with sections 4, 5
and 6 of this By-law;
(b)
the Dog is contained within an area enclosed by a fence of an
appropriate height for the breed of Dog, or an area enclosed by
other means such that the Dog cannot come into contact with
any other Person or Animal; and
(c)
a sign, 30 cm wide, 20 cm high with 6 cm letters is displayed at
all entrances to the property upon which the Dog is kept,
bearing English words and a symbol that warn that there is a
dangerous Dog on the property.
43.
Every Owner of a dangerous Dog shall, at all times while the Dog is
not within the boundaries of the Owner's Premises, Keep the Dog:
(a)
Muzzled in accordance with section 40 of this By-law;
(b)
under the control of a competent Person capable of handling
the Dog who is eighteen (18) years of age or older; and
(c)
on a Leash that does not exceed two (2) metres in length.
44.
Every Owner of a dangerous Dog shall immediately notify the Town of
the following:
(a)
any change in Ownership or residence of the dangerous Dog
and provide the name, current address and telephone number
of the new Owner or residence;
(b)
if the Dog runs at large, Attacks or Bites any Person or Animal;
or
(c)
if the Dog dies.
45.
An Officer shall have the authority to make whatever inquiry is deemed
necessary to ensure compliance with sections 42 and 43 of this By-
law.
46.
Sections 41 through 43 of this By-law shall not apply to police working
Dogs while they are carrying out their duties.
APPEAL PROCESS
47.
An Owner, whose Dog has been deemed dangerous by an Officer,
pursuant to the provisions of this by-law, may apply for a hearing to
appeal this decision to the Hearing Officer.
48.
Every person who initiates an appeal of a decision made under
Section 47 of this By-Law shall submit a Notice of Appeal;
(a)
within seven (7) days of a muzzle order issuance; and
(b)
with the non-refundable required fee as detailed in the Town's
Annual User Fees; and
(c)
by registered mail to the Town Clerk and Municipal Law
Enforcement Officer.
49.
The Town shall receive all notices of appeal and hold a hearing with
every person who initiates an appeal of a decision made under
Section 47 of this By-Law.
50.
An incomplete application is not subject to an appeal.
HEARING OFFICER
51.
Council shall appoint, by a resolution, a Hearing Officer(s) for a term to
be determined by Council.
52.
Upon hearing an appeal, the Hearing Officer may:
(a) confirm the decision of the Officer to deem the Dog dangerous;
and/or
(b) rescind the decision of the Officer to deem a Dog dangerous, and
the muzzle order be lifted.
53.
The decision of the Hearing Officer shall be provided, in writing, to the
applicant, as soon as is reasonably possible after such decision is
rendered.
54.
The decision of the Hearing Officer is final and binding.
STOOP AND SCOOP
55.
Every Owner of a Dog shall immediately remove any feces left by the
Dog in any place other the Premises of the Owner and dispose of it in
a proper waste receptacle.
56.
Section 55 of this By-law shall not apply to:
(a)
the handler of a Service Dog, where the handler is unable to
remove the excrement left by such Dog due to a physical
disability or impediment;
(b)
a blind or visually impaired handler of a Service Dog if the feces
were left while the Dog was off the Premises of the handler and
carrying out its duties; or
(c)
a police working Dog while carrying out its duties.
NUMBER OF DOGS RESTRICTED
57.
No Person shall keep on their Premises more than three (3) Dogs over
ten (10) weeks of age, unless:
(a)
the Premises is registered as a Kennel in accordance with the
provisions of this By-law;
(b)
the Premises is used as a Municipal Pound; or
(c)
the Premises are an accredited veterinary facility under the
supervision of a veterinarian licensed pursuant to the
Veterinarians Act, R.S.O. 1990, c. V.3, as amended and where
animals are kept for active treatment.
PART IV - CATS
NUMBER OF CATS RESTRICTED
58.
No Person shall keep, on their Premises, more than three (3) Cats
over twenty (20) weeks of age or five (5) Cats that are all Sterilized,
unless:
(a)
the Premises are licensed by the Town as a Kennel or Pet
Shop;
(b)
the Premises are used by a Municipal Pound; or
(c)
the Premises are an accredited veterinary facility under the
supervision of a veterinarian licensed pursuant to the
Veterinarians Act, R.S.O. 1990, C. V.3, as amended.
59.
Every Owner of a Cat shall ensure his or her Cat is identified by:
(a) a collar on which the Owner's name and current address are
permanently inscribed;
(b) a Microchip; or
(c) a Cat identification tag.
PART V - GENERAL ANIMALS
ANIMALS IN A VEHICLE
60.
For the purpose of this section, "Roadway" means any street, highway
or other place, whether publicly or privately owned, any part of which
the public is permitted to use for the passage or parking of Motor
Vehicles.
61.
No Person shall cause an Animal to be confined in an enclosed space,
including a car, without adequate ventilation.
62.
No Person shall allow an Animal to be outside of the passenger cab of
a Motor Vehicle on a Roadway, regardless of whether the Motor
Vehicle is moving or parked;
63.
Notwithstanding section 61, no Person shall allow an Animal to be
outside the passenger cab of a Motor Vehicle while on a Roadway,
including riding in the bed of a pickup truck or flat bed truck, unless the
Animal is:
(a)
in a fully enclosed trailer;
(b)
in a fully enclosed bed area of a truck, the dimensions of which
permit the Animal to fully stand up, sit down, turn around and
lay down; or
(c)
contained in a crate or similar device manufactured for the
confinement or transport of an Animal, the dimension of which
permit the Animal to fully stand up, sit down, turn around and
lay down and which is securing fastened to the bed of the truck.
64.
Notwithstanding section 61, no Person shall transport an Animal in the
bed of a pick-up truck or flat bed truck unless the Animal is securely
Tethered in such manner that it cannot jump, slide or be thrown from
the truck, is not in danger of strangulation, and cannot reach beyond
the outside edge of the back of the truck.
65.
No Person shall Keep an Animal in any Motor Vehicle, part of a Motor
Vehicle or trailer attached to a Motor Vehicle where doing so causes,
or may cause, the Animal illness, pain, injury or suffering or to become
subject to undue or unnecessary hardship, privation or neglect.
66.
An Officer may use any reasonable means as are necessary to
remove an Animal in distress in need of assistance from a Motor
Vehicle or any enclosed space, unless the Motor Vehicle is being used
as a dwelling.
TRAPPING ANIMALS
67.
No Person shall trap any Animal unless:
(a)
the Animal is causing a nuisance to, or damaging, the
aggrieved person's property;
(b)
the Animal is trapped in a Humane manner;
(c)
the Animal is not kept in a trap for more than 24 hours;
(d)
once trapped, the Animal is protected from the elements;
(e)
the Animal is trapped on the Property of the aggrieved Person,
and;
(f)
the Animal is released less than one (1) kilometer from where it
was trapped.
68.
In no circumstances shall a Person use any trap that causes or may
cause injury, pain or suffering to an Animal. Without limiting the
generality of the foregoing, no Person shall use a killer trap, leg-hold
trap or a snare.
69.
Sections 67 and 68 do not apply to the trapping of an Animal where
the Animal is trapped by a Person who is licensed with the Ministry of
Northern Development, Mines, Natural Resources and Forestry or is
otherwise authorized by law to trap the Animal, and the trapping is
conducted in accordance with any applicable legislation.
LIVESTOCK
70.
No Person shall Keep Livestock in any area of the Town unless the
area is zoned for that purpose or is lawfully used for that purpose.
71.
Section 70 shall not apply to:
(a)
Premises used by a Pound; or,
(b)
Premises of an accredited veterinary facility under the
supervision of a veterinarian licensed pursuant to the
Veterinarians Act, R.S.O. 1990, c. V.3 as amended and where
animals are kept for active treatment.
72.
For the purposes of this By-law, Livestock shall be deemed to be
running at large if found in any place other than the Premises of the
Owner of the Livestock and not under the control of any Person.
73.
No Owner of Livestock shall permit any Livestock to run at large in the
Town.
74.
The local Pound and/or an Officer may seize and impound any
Livestock running at large in the Town and shall make reasonable
efforts to determine the identity of the Owner of the Livestock and to
inform the Owner that the Livestock has been impounded, in
accordance with the Pounds Act, R.S.O. 1990, c. P. 17.
75.
Any Livestock in the care of the local Pound may be retained, released
and, where appropriate, sold in accordance with the Pounds Act,
R.S.O. 1990, c. P.17, as amended.
76.
The Owner of any Livestock found running at large shall be liable for
all damages caused by such Livestock and for the expenses, if any
incurred by the local Pound and the Town in seizing and/or
impounding such Livestock.
WILD ANIMALS
77.
No Person shall Keep, or cause to be Kept, any Wild Animal, unless
they are authorized to do so by law.
78.
Despite section 77 of this By-law, a Person who comes into the
possession of a Wild Animal that is injured or unable to fend for itself
shall, as soon as is reasonable, but in no case longer than twenty-four
(24) hours after coming into possession of the Wild Animal shall;
(a)
release the Wild Animal back into the wild within one (1)
kilometre from where it was found;
(b)
surrender the Wild Animal to the care of the local Pound; or,
(c)
surrender the Wild Animal to a Person or facility licensed by the
Ministry of Northern Development, Mines, Natural Resources
and Forestry to care for Wild Animals.
PROHIBITED ANIMALS
79.
No Person shall Keep, either temporarily or permanently, any animal
listed in Schedule "A" unless:
(a) the Person is authorized to Keep the animal by law; or
(b) the animal is a bird used for falconry.
80.
The local Pound may maintain a list of all Prohibited Animals for which
written notice has been received in accordance with section 79.
81.
Section 79 shall not apply to:
(a)
Premises used by the local Pound;
(b)
Premises of an accredited veterinary facility under the
supervision of a veterinarian licensed pursuant to the
Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended and
where animals are kept for active treatment.
(d)
the areas of the Town in which professionally produced films
are made using such Animals, provided that there is
supervision by a PAWS Inspector;
(e)
any area of the Town in which educational programs are being
conducted with Animals, provided that the Animals are owned
by institutions accredited by CAZA or the American Zoo and
Aquarium Association, and only while the educational programs
are actually conducted;
(f)
Premises registered as research facilities pursuant to the
Animals for Research Act, R.S.O. 1990.c.A.22;
(g)
Premises where wildlife rehabilitation is being undertaken under
the jurisdiction of the Ministry of Northern Development, Mines,
Natural Resources and Forestry or,
82.
For the purposes of this By-law, a Prohibited Animal shall be deemed
to be running at large if found in any place other than the Premises of
the Owner of the Prohibited Animal and not under the control of any
Person.
83.
No Person shall permit a Prohibited Animal, Kept in accordance with
section 79, to run at large.
RABIES IMMUNIZATION
84.
Every Owner of a Dog or Cat that is four (4) months of age or older
shall ensure that the Dog or Cat is duly immunized against rabies and
that the immunization is maintained as current.
NUISANCES
85.
No Person shall Keep any Animal or Animals which disturb the peace
by Barking or Howling Excessively to the annoyance and discomfort of
any Person in the Town.
86.
No person shall Keep any Animal or Animals in such a manner that
results in trespassing by such Animal or Animals upon neighboring
properties, where such trespassing causes damage to the
neighbouring property.
87.
The Town may order the removal of bird or other animal feeders:
(a) if the placing of feeders or food creates or has created a nuisance
or hazard to neighbouring properties; and/or
(b) if the feeder attracts unwanted wildlife.
88.
No Person shall place any food or water on any public or private
property for the purpose of attracting or feeding Animals. Every Owner
of an Animal shall at all times keep food for said Animal inside their
home.
TORMENTING ANIMALS
89.
No Person shall annoy, assault, batter, tease or torment any Animal or
wilfully and recklessly kill or cause injury, pain or suffering to an
Animal.
90.
Section 89 of this By-Law shall not be interpreted so as to prohibit:
(a) a Person who is a bona fide farmer engaged in a normal farming
practice pursuant to the Farming and Food Production Protection
Act, 1998, S.O. 1998, c. 1, as amended and other applicable law;
or
(b) a Person who is a bona fide hunter actively engaged in hunting in
accordance with the Fish and Wildlife Conservation Act, 1997, S.O.
1997, c. 41, as amended, and other applicable law during a
permitted season to whom has been issued such necessary
licences and permits as may be required by the laws of the
Dominion of Canada, the Province of Ontario, Regional
Municipality of Niagara and the Town.
PART VI - ADMINISTRATION
ENFORCEMENT
91.
Unless otherwise provided for herein, all provisions of this By-law shall
be enforced by an Officer as defined in this By-law.
92.
An Officer may issue a direction or order requiring that a Person
comply with the provisions of this By-law.
93.
An Officer may issue a Muzzle Order to any Owner of a dangerous
Dog, containing such particulars as the Officer deems necessary
concerning compliance with this By-Law or deemed necessary by the
Officer for the safety of the public.
94.
An Officer may enter upon land or structures, except in a dwelling, at
any reasonable time for the purpose of carrying out an inspection to
determine whether or not:
(a)
the provisions of this By-law are being complied with; or
(b)
a direction or order under this By-law is being complied with.
95.
Every Owner shall permit an Officer employed, upon production of
identification and for the purposes of the inspection by the Town, to
enter the land or structure for the purpose of section 94.
96.
No Person shall hinder or obstruct any Officer, or any Person lawfully
acting in aid of such Officer, in the execution of their duties under this
By-law.
97.
No Person shall refuse to produce any documents or things required
by an Officer in the exercise of a power or performance of a duty
under this By-Law, and every Person shall assist any entry, inspection,
examination or inquiry by an Officer.
98.
No Person shall knowingly furnish false information to an Officer.
99.
Nothing in this by-law shall constitute an exemption from the
requirements of any other by-law in effect, applicable legislation or
regulations thereto, including but not limited to, Provincial Animal
Welfare Services Act, 2019 S.O 2019, c. 13, The Dog Owners' Liability
Act, R.S.O, 1990, c, D.16, as amended or The Animals for Research
Act, R.S.O. 1990, c.A.22, as amended.
OFFENCES AND PENALTIES
100. Any Person who contravenes any of the provisions of this By-law or
who fails to comply with the written order of an Officer is guilty of an
offence and on conviction is liable to a fine.
101. Any fines imposed pursuant to this By-law is subject to the provisions
of the Administrative Monetary Penalty System for Non-Parking
Offences (AMPS Non-Parking) By-law 5334-21 as amended; and the
system of administrative penalties and fines established therein.
102. Schedule "B" attached hereto defines the short form wording, offence
citation and set fine including costs for the purpose of administering
this By-law under Administrative Monetary Penalty System for Non-
Parking Offences (AMPS Non-Parking) By-law 5334-21 as amended.
GENERAL
103. By-law No. 5543-23, as amended, is hereby repealed.
104. Where a Court of competent jurisdiction declares any section or part of
a section of this By-law invalid, the remainder of this By-law shall
continue in force and effect unless the Court makes an order to the
contrary.
105. That this By-law shall supersede and take precedence over any By-
law or clause thereof with which it is inconsistent.
106. The schedules attached hereto shall form part of this By-law.
107. This By-law shall come into force and take effect upon the date of
passage.
108. This By-law may be referred to as the "Animal Care and Control By-
law".
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 25TH
DAY OF FEBRUARY, 2025
_________________________ ________________________
LORD MAYOR GARY ZALEPA
TOWN CLERK GRANT BIVOL
SCHEDULE "A"
TO BY-LAW NO. 2025-XXX
PROHIBITED ANIMALS
1.
All protected or endangered Animals being all Animals, native or non-
native, whose possession or sale is prohibited because they are
designated as protected or endangered pursuant to an international,
federal, or provincial law, regulation, rule or agreement, unless the
Animal has been obtained in accordance with international, federal or
provincial law, as applicable, and if the Animal is not identified in this
Schedule.
2.
All dogs, other than domesticated dogs (Canis familiaris) including, but
not limited to: wolf, fox, coyote, hyena, dingo, jackal, raccoon dog,
bush dog, and any hybrid offspring of a wild dog and domesticated
dog.
3.
All cats other than domesticated cats (Felis catus) including, but not
limited to: lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain
lion, cheetah, wild cat, cougar, bobcat, lynx, serval, and any hybrid
offspring of a wild cat and domesticated cat.
4.
All bears, including polar, grizzly, brown and black bear.
5.
All fur bearing animals of the family Mustelidae including, but not
limited to weasel, marten, mink, badger, ermine, skunk, otter, pole cat,
wolverine, except the domestic ferret (Putorius furo).
6.
All Procyonidae, including raccoon, kinkajou, cacomistle, cat-bear,
panda and coatimundi.
7.
All carnivorous mammals of the family Viverridae including, but not
limited to, civet, mongoose, and genet.
8.
All bats (Chiroptera).
9.
All non-human primates, including, but not limited to, monkey, ape,
chimpanzee, gorilla and lemur.
10.
All squirrels (Sciuridae).
11.
Reptiles (Reptilia)
(a)
all Helodermatidae (gila monster and Mexican bearded lizard);
(b)
all front-fanged venomous snakes, even if devenomized,
including, but not limited to,
(i)
all Viperidae (viper, pit viper),
(ii)
all Elapidae (cobra, mamba, krait, coral snake),
(iii)
all Atractaspididae (African burrowing asp),
(iv)
all Hydrophiidae (sea snake), and
(v)
all Laticaudidae (sea krait).
(c)
all venomous, mid- or rear-fanged, Duvernoy-glanded members
of the family Colubridae, even if de-venomized,
(d)
any member or hybrid offspring of the family Boidae, including,
but not limited to, the common or green anaconda and yellow
anaconda, save and except members of the family Boidae
reaching an adult length of no greater than two (2) meters,
(e)
any member of the family Pythonidae, including, but not limited
to, the African rock python, the Indian or Burmese python, the
Amethystine or scrub python, save and except members of the
family Pythonidae reaching an adult length of no greater than
two (2) meters,
(f)
any member of the family Varanidae, including, but not limited
to, the white throated monitor, the water monitor, the Komodo
monitor or dragon, the Bornean earless monitor, the Nile
monitor, the crocodile monitor, save and except members of the
family Varanidae reaching an adult length of no greater than
one (1) meter,
(g)
any member of the family Teiidae, including, but not limited to,
the golden, common or black and white tegu,
(h)
all members of the family Chelydridae (snapping turtle and
alligator snapping turtle) and Apalone (smooth soft shell turtle,
Florida soft shell turtle, eastern spiny softshell turtle),
Page 2 - Schedule A By-law 2025-XXX
(i)
all members of the order Crocodylia, including, but not
limited to, alligator, caiman and crocodile,
(j)
all other snakes that reach an adult length larger than three
meters, and
(k)
all other lizards that reach an adult length larger than two
meters.
12.
Birds (Aves) all predatory or large birds (Accipitrids, Cathartids), including,
but not limited to, eagle, hawk, falcon, owl, vulture and condor,
anseriformes including, but not limited to, ducks, geese and swans,
galliformes including, but not limited to, pheasants, grouse, guinea fowl
and turkeys, and struthioniformes including, but not limited to, flightless
ratites such as ostriches, rheas, cassowaries, emus and kiwis.
13.
Arachnida and Chilopoda
(a)
all venomous spiders including, but not limited to, tarantula, black
widow and solifugid, scorpion, save and except the exception of the
following species of tarantula: Chilean Rose (Grammostola rosea),
Mexican Red-Knee (Brachypelma smithi), Pink-Toed (Avicularia
avicularia), and
(b)
all venomous arthropods including, but not limited to, centipede.
14.
All large rodents (Rodentia), including, but not limited to, gopher, muskrat,
paca, groundhog, marmot, beaver, prairie dog, viscacha, and porcupine.
15.
All even-toed ungulates (Artiodactyla) including, but not limited to,
antelope, giraffe and hippopotamus, but not including domestic sheep,
cattle, pigs, pot-bellied pigs or goats.
16.
All odd-toed ungulates (Perissodactyla) other than domesticated horses
(Equus caballus), including, but not limited to, zebra, rhinoceros and tapir.
17.
All marsupials, including, but not limited to, Tasmanian devil, bandicoot,
kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and
pigmy, sugar and greater glider.
18.
Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited
to, dolphin, whale, seal, sea lion and walrus.
19.
All elephants (Proboscides).
20.
All hyrax (Hyracoidea).
21.
All pangolin (Pholidota).
22.
All sloth and armadillo (Edentala).
23.
All insectivorous mammals (Insectivora), including aardvark
(Tubulidentata), anteater, shrew, otter shrew and mole.
24.
Gliding lemur (Dermoptera).
25.
All other venomous or poisonous animals.
SCHEDULE "B"
TO BY-LAW NO. 2025-XXX
TOWN OF NIAGARA-ON-THE-LAKE SHORT TITLE: Animal Care and Control By-law
ITEM SHORT FORM WORDING
OFFENCE SET FINE
1
Failing to provide an animal with clean and sanitary
environment, free from the accumulation of waste matter
Part II,
2(a)
$ 250.00
2
Failing to provide an animal with adequate/appropriate care Part II,
2(b)(i)
$ 250.00
3
Failing to provide an animal with adequate/appropriate food Part II,
2(b)(ii)
$ 250.00
4
Failing to provide an animal with adequate/appropriate
water
Part II,
2(b)(iii)
$ 250.00
5
Failing to provide an animal with adequate shelter from the
elements
Part II,
2(b)(iv)
$ 250.00
6
Failing to provide an animal with medical care
Part II,
2(b)(v)
$ 250.00
7
Failing to provide an animal with sufficient physical activity
to maintain good health
Part II,
2(c)
$ 250.00
8
Failing to provide an animal with a separate area for
defecation and urination
Part II,
3(b)
$ 250.00
9
Failing to provide an animal with a separate area with
shade
Part II,
3(c)
$ 250.00
10
Failing to provide an animal with a separate area free from
standing water
Part II,
3(d)
$ 250.00
11
Improperly tethering of an animal
Part II, 4,
$ 250.00
12
Improperly tethering an animal that allows it to leave the
permitted premises
Part II, 5
$ 250.00
13
Failing to register a dog with the Town
Part III, 9
$ 100.00
14
Keeping a dog without a collar and affixed dog tag
Part III,
9(d)
$ 50.00
15
Operating a kennel not within the provisions of this By-law
Part III, 16 $ 250.00
16
Permitting a dog to run at large
Part III, 23 $ 100.00
17
Improperly leashing a dog so that a person is not able to
control the dog
Part III, 24 $ 100.00
18
Failing to use a leash on a dog that is held or affixed to a
competent person
Part III, 25 $ 100.00
19
Permitting a dog to be leashed to an inanimate or
immovable object, a Motor Vehicle or a bicycle
Part III, 26 $ 100.00
20
Improperly using a collar on a dog - restricting a dog's
ability to breathe or swallow
Part III, 27 $ 100.00
21
Permitting a dog to bite/attack/chase a person/animal or to
damage public/private property
Part III, 39 $ 300.00
22
Improper muzzling of a dog - restricting a dog's ability to
breathe/drink water/muzzle causes dog
pain/suffering/injury
Part III, 40 $ 250.00
23
Failing to comply with the dangerous dog requirements of
this By-law within the boundaries of the Owner's Premise
Part III, 42 $ 250.00
24
Failing to comply with the dangerous dog requirements of
this By-law while not within the boundaries of the Owner's
Premise
Part III, 43 $ 250.00
25
Failing to comply with notification of ownership change of a
dangerous dog
Part III, 44
(a)
$ 100.00
26
Failing to comply with notification for dangerous dogs
running at large or biting or attacking a person/animal
Part III, 44
(b)
$ 250.00
27
Failing to immediately remove and dispose of any feces left
by a dog in any place other than the premises of the owner
Part III, 55 $ 100.00
28
Keeping more than three dogs over ten weeks of age on a
premises
Part III, 57 $ 100.00
29
Keeping more than three cats over twenty weeks of age or
five cats that are all sterilized on a premises
Part IV, 58 $ 100.00
30
Causing an animal to be confined in an enclosed space,
including a car, without adequate ventilation
Part V, 61
$ 250.00
31
Permitting an animal to be outside of the passenger cab of
a motor vehicle on a roadway, regardless of whether the
motor vehicle is moving or parked
Part V, 62
$ 150.00
32
Permitting an animal to be outside of a passenger cab of a
motor vehicle in a not fully enclosed trailer
Part V,
63(a)
$ 150.00
33
Permitting an animal to be outside of a passenger cab of a
motor vehicle in a not fully enclosed bed area of truck or
enclosed trailer
Part V,
63(b)
$ 150.00
34
Permitting an animal to be outside of a passenger cab of a
motor vehicle contained in an improper crate
Part V, 63
(c)
$ 150.00
35
Improper transportation of an animal - failing to securely
tether animal in bed of pick up truck/flat bed truck
Part V, 64
$ 150.00
36
Keeping an animal in a vehicle/part of vehicle/trailer
attached to a vehicle did cause/may cause animal
illness/pain/injury/suffering or undue/unnecessary
hardship/privation/neglect
Part V, 65
$ 150.00
37
Trapping an animal not within the provisions of this By-law
Part V, 67
$ 250.00
38
Using any trap that causes or may cause
injury/pain/suffering to an animal
Part V, 68
$ 150.00
39
Keeping livestock in area not zoned/lawfully used for that
purpose
Part V, 70
$ 250.00
40
Permitting livestock to run at large
Part V, 73
$ 250.00
41
Keeping, or causing a wild animal to be kept
Part V, 77
$ 100.00
42
Failing to release a wild animal within 1 kilometre of where
it was found
Part V, 78
(a)
$ 100.00
43
Failing to surrender a wild animal to local pound
Part V,
78(b)
$ 100.00
44
Keeping a prohibited animal
Part V, 79
$ 250.00
45
Permitting a prohibited animal to run at large
Part V, 83
$ 300.00
46
Failing to ensure (dog) vaccinated against rabies
Part V, 84
$ 100.00
47
Failing to keep (dog) rabies vaccination current
Part V, 84
$ 100.00
48
Failing to ensure (cat) vaccinated against rabies
Part V, 84
$ 100.00
49
Failing to keep (cat) rabies vaccination current
Part V, 84
$ 100.00
50
Failing to keep any animal from disturbing the peace by
barking/howling excessively
Part V, 85
$ 350.00
51
Permitting an animal to trespass and cause damage upon
neighbouring properties
Part V, 86
$ 250.00
52
Placing any food or water on any public or private property
for the purpose of attracting or feeding animals
Part V, 88
$ 250.00
53
Tormenting/assaulting/battering/annoying or teasing an
animal; willfully/recklessly killing or causing
injury/pain/suffering to an animal
Part V, 89
$ 250.00
54
Hindering or obstructing an officer in the execution of their
duties.
Part VI, 96 $ 300.00